1977 (10) TMI 27 - HC - Income Tax

Summary

Issues Involved:
1. Computation of income from house property u/s 23(1) of the Income-tax Act.
2. Validity of computing income based on actual rent received versus annual municipal value.

Summary:

Issue 1: Computation of income from house property u/s 23(1) of the Income-tax Act

The assessee, K. Govindan, filed returns for the assessment years 1968-69 and 1969-70, admitting rental income from house properties. The Income-tax Officer computed the income based on the annual municipal value, which was higher than the actual rent received. The Appellate Assistant Commissioner, however, accepted the actual rent received as the basis for computation, considering the subsisting lease dated December 20, 1935, which fixed the rent at Rs. 225 per mensem. The Tribunal upheld this view, noting that the rent was genuine and not fixed for any ulterior reason.

Issue 2: Validity of computing income based on actual rent received versus annual municipal value

The revenue contended that the income should be computed based on the annual municipal value, especially since the lessees had sub-leased the properties for a higher rent. However, the Tribunal found that the actual rent received by the assessee was genuine and should be the basis for computation. The Tribunal's decision was influenced by the fact that the assessee's attempt to have the rent enhanced through the Rent Controller was thwarted by the lessees. The court referred to precedents, including *Jamnadas Prabhudas v. Commissioner of Income-tax* and *Commissioner of Income-tax v. Parbutty Churn Law*, which supported the view that the actual rent received should be considered unless it was fixed for ulterior reasons.

Conclusion:

The court held that the Tribunal was right in rejecting the revenue's contention to compute the income based on the annual municipal value and upheld the computation based on the actual rent received by the assessee. The questions referred were answered against the revenue and in favor of the assessee, with costs awarded to the assessee.